Victor Mignogna v. Funimation Productions, LLC, et al. (2019) - Vic's lawsuit against Funimation, VAs, and others, for over a million dollars.

[Far Queue]

Oh, undoubtedly. The fact that they didn't even hand over the stuff that everyone knows about and have "lost" other important pieces like the Funimation investigation pieces shows that these idiots are hiding some big skeletons in small closets.

That part is interesting to me because Casey really seemed to want that. I find it hard to believe that he wouldn't have it because it means that either his own clients don't have it, or that they do have it but are withholding it from Casey for some unknown reason. I suppose there's a third option that Casey does actually have it but is trying to see if Ty has it or not.

I'm under the assumption that Ty has seen it. I recall that Nick alluded to having read through the investigation report, which would mean he would have handed it over to Ty.

 

[NotaLolyer]

Oh, undoubtedly. The fact that they didn't even hand over the stuff that everyone knows about and have "lost" other important pieces like the Funimation investigation pieces shows that these idiots are hiding some big skeletons in small closets.

These idiots are looking for their glove that doesn’t fit to get away with their crimes lmao
Unfortunately for them they’ve had 6 months and their time is now up!

 

[wickedlilium]

Is it also possible that the broad requests from Casey would be to gather as much of the evidence (if not all) that Ty has so they can form some sort of defense against it? All the while denying Ty evidence from MoRon to maximise their chances?

the way I see it, this just doesn't seem like anything good for Casey and them, if they with hold information then we could see some jail time for the defendants for withholding information, would honestly be quite nice to see thought lol

That part is interesting to me because Casey really seemed to want that. I find it hard to believe that he wouldn't have it because it means that either his own clients don't have it, or that they do have it but are withholding it from Casey for some unknown reason. I suppose there's a third option that Casey does actually have it but is trying to see if Ty has it or not.

I'm under the assumption that Ty has seen it. I recall that Nick alluded to having read through the investigation report, which would mean he would have handed it over to Ty.

Don't forget that Nick already stated that Vic was never actually involved with anything regarding that investigation meaning Vic doesn't even know anything about it.
I'd also like to point out that almost half of the information Casey is asking for is things that Vic may not be privy to anyways, while some could still be proven with regards to publicly available searches.
Then you have the fact that their to overly broad and then Casey not giving any information, switching stances and just contradicting himself, can't honestly believe that Casey thinks he'll ever win this case by doing all that.

 

[TheClappening]

That part is interesting to me because Casey really seemed to want that. I find it hard to believe that he wouldn't have it because it means that either his own clients don't have it, or that they do have it but are withholding it from Casey for some unknown reason. I suppose there's a third option that Casey does actually have it but is trying to see if Ty has it or not.

I'm under the assumption that Ty has seen it. I recall that Nick alluded to having read through the investigation report, which would mean he would have handed it over to Ty.

Forgot exactly what the timeline is, but Nick has known about the Jellybean Story for a while. Perhaps even before the original complaint was filed.

 

[Kosher Salt]

the way I see it, this just doesn't seem like anything good for Casey and them, if they with hold information then we could see some jail time for the defendants for withholding information, would honestly be quite nice to see thought lol

Perjury or contempt of court could result in jail time. Withholding evidence wouldn't... they'd basically just lose. They can't bring the evidence later, and/or the jury gets to assume that evidence they withheld was going to be damaging to their case.

 

[some_crazy]

Forgot exactly what the timeline is, but Nick has known about the Jellybean Story for a while. Perhaps even before the original complaint was filed.

Nick talked about it in a video at least a week before the complaint was filed.

 

[TheClappening]

Nick talked about it in a video at least a week before the complaint was filed.

Just asked Nick on Twitch. He's known about it "since this whole thing started."

 

[some_crazy]

the way I see it, this just doesn't seem like anything good for Casey and them, if they with hold information then we could see some jail time for the defendants for withholding information, would honestly be quite nice to see thought lol

Don't forget that Nick already stated that Vic was never actually involved with anything regarding that investigation meaning Vic doesn't even know anything about it.
I'd also like to point out that almost half of the information Casey is asking for is things that Vic may not be privy to anyways, while some could still be proven with regards to publicly available searches.
Then you have the fact that their to overly broad and then Casey not giving any information, switching stances and just contradicting himself, can't honestly believe that Casey thinks he'll ever win this case by doing all that.

I think you're conflating a couple of points here.

1. Tammi Denbow did an investigation into 3 incidents involving Vic (including the jelly bean) and asked his comment on them - this is explained in the original pleadings.

2. Ron and Monica both asserted that the investigation involved many many women and far more serious things than a jelly bean.

3. I don't think Vic was given any kind of report from the investigation - that may be a private funimation document - he just knows what Tammi asked him about.

4. It is also likely the case that Ron and Monica were never given any kind of report either.

5. Nick claims that a different source, not Vic and not Ty told him what was in the investigation, namely the 3 stories mentioned in the pleadings - he talked through them on stream before the lawsuit was filed.

Ver archivo adjunto 811574

Thanks KEK7go & Nick; so sounds like this is "Casey lies again".

 

[ErbBetaPatch]

Is it also possible that the broad requests from Casey would be to gather as much of the evidence (if not all) that Ty has so they can form some sort of defense against it? All the while denying Ty evidence from MoRon to maximise their chances?

Well this whole process is designed around making sure both parties have access to the same information. I think bhbh was being generous by not filing for sanctions over this, considering that not giving the discovery documents severely prejudices the plaintiffs going into discovery.

 

[some_crazy]

Well this whole process is designed around making sure both parties have access to the same information. I think bhbh was being generous by not filing for sanctions over this, considering that not giving the discovery documents severely prejudices the plaintiffs going into discovery.

It's weird that Ty's email to Casey says "we will of course seek sanctions" but the motion doesn't mention sanctions - unless sanctions are just assumed when filing a motion to compel?

 

[Sketcher]

It's weird that Ty's email to Casey says "we will of course seek sanctions" but the motion doesn't mention sanctions - unless sanctions are just assumed when filing a motion to compel?

Found this Rule 215. Abuse Of Discovery; Sanctions (1999) TEXT

Spoiler: Excerpts of TEXT

215.1 Motion for Sanctions or Order Compelling Discovery. A party, upon reasonable notice to other parties and all other persons affected thereby, may apply for sanctions or an order compelling discovery as follows:
.
.
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(d) Disposition of motion to compel: award of expenses. If the motion is granted, the court shall, after opportunity. for hearing, require a party or deponent whose conduct necessitated the motion or the party or attorney advising such conduct or both of them to pay, at such time as ordered by the court, the moving party the reasonable expenses incurred in obtaining the order, including attorney fees, unless the court finds that the opposition to the motion was substantially justified or that other circumstances make an award of expenses unjust. Such an order shall be subject to review on appeal from the final judgment.

If the motion is denied, the court may, after opportunity for hearing, require the moving party or attorney advising such motion to pay to the party or deponent who opposed the motion the reasonable expenses incurred in opposing the motion, including attorney fees, unless the court finds that the making of the motion was substantially justified or that other circumstances make an award of expenses unjust.

If the motion is granted in part and denied in part, the court may apportion the reasonable expenses incurred in relation to the motion among the parties and persons in a just manner.

In determining the amount of reasonable expenses, including attorney fees, to be awarded in connection with a motion, the trial court shall award expenses which are reasonable in relation to the amount of work reasonably expended in obtaining an order compelling compliance or in opposing a motion which is denied.
.
.
.
215.3 Abuse of Discovery Process in Seeking, Making, or Resisting Discovery. If the court finds a party is abusing the discovery process in seeking, making or resisting discovery or if the court finds that any interrogatory or request for inspection or production is unreasonably frivolous, oppressive, or harassing, or that a response or answer is unreasonably frivolous or made for purposes of delay, then the court in which the action is pending may, after notice and hearing, impose any appropriate sanction authorized by paragraphs (1), (2), (3), (4), (5), and ( 8 ) of Rule 215.2(b). Such order of sanction shall be subject to review on appeal from the final judgment.

 

[ErbBetaPatch]

It's weird that Ty's email to Casey says "we will of course seek sanctions" but the motion doesn't mention sanctions - unless sanctions are just assumed when filing a motion to compel?

It's merciful of bhbh to not go for sanctions, even when the defense waited until they were already past due on discovery to negotiate for a confidentiality order they previously stated they did not want. Chutzpah.

 

[KittyLoaf]

Couldn't the judge decide to sanction Casey/MoRon, anyway? After all, BHBH are asking for relief, too. Or am I reading that wrong?

 

[some_crazy]

It's merciful of bhbh to not go for sanctions, even when the defense waited until they were already past due on discovery to negotiate for a confidentiality order they previously stated they did not want. Chutzpah.

The rule Sketcher quoted appears to say that the court shall normally award attorneys fees if a motion to compel is granted without a separate motion for it.

 

[TexOffender]

Just asked Nick on Twitch. He's known about it "since this whole thing started."

Willing to bet vic told him absolutely everything right at the start. Unlike MoRon. Not sure what Jaimie told her lawyer since the damn tweets are still there.

 

[AlexJonesGotMePregnant]

It may be helpful to remember that we are getting a highly filtered version of events from both sides. Defendants do not necessarily know what plaintiff has accumulated outside of what was public or already included in the initial discovery swap, and plaintiffs know for sure that there's evidence missing on their side (such as the Funi report and I'm assuming stuff from RT). Nick is only going to pass along things that Ty gives to him or that he gets from us. Patience is probably helpful now while we all laugh at casey's attempts to bog shit down in bad lawyering.

 

[some_crazy]

It may be helpful to remember that we are getting a highly filtered version of events from both sides. Defendants do not necessarily know what plaintiff has accumulated outside of what was public or already included in the initial discovery swap, and plaintiffs know for sure that there's evidence missing on their side (such as the Funi report and I'm assuming stuff from RT). Nick is only going to pass along things that Ty gives to him or that he gets from us. Patience is probably helpful now while we all laugh at casey's attempts to bog shit down in bad lawyering.

Monica and Ron should never have had the funimation report - so they haven't necessarily failed in not providing that. The problem of course is they claimed to have information that could only have come from that report or from someone telling them things they shouldn't have done.

Funimation's discovery isn't due until July 3rd.

 

[TheClappening]

Monica and Ron should never have had the funimation report - so they haven't necessarily failed in not providing that. The problem of course is they claimed to have information that could only have come from that report or from someone telling them things they shouldn't have done.

Funimation's discovery isn't due until July 3rd.

How fitting that the day after they turn over discovery we'll probably be getting fireworks

 

[AnOminous]

It's weird that Ty's email to Casey says "we will of course seek sanctions" but the motion doesn't mention sanctions - unless sanctions are just assumed when filing a motion to compel?

They are. The sanctions are the losing party is generally assessed the legal fees of the winning party.

Parties are supposed to work these things out among themselves and if one party is clearly to blame for it ending up in court, that party has to pay for the whole shebang.

"By playing discovery games, Ronald and Monica have violated the Rules of Civil Procedure and waived their objections to Victor’s interrogatories and production requests. Victor requests that the Court overrule or strike their objection and to compel their compliance. Victor prays for such other and further relief to which he is justly or equitably entitled and prays for general relief."

He might not actually pursue sanctions at the hearing explicitly, or might be saving it for later. The important thing is that by interposing nonsensical, frivolous objections along with any legitimate ones they might have had, they've waived even any valid objections they had and should be forced to turn over the material in question without limitations.

Essentially, Casey blew their opportunity to make any valid objections.

Note: the motion cites TRCP 192.2(e) but the real text quoted is in TRCP 193.2(e):

Waiver of objection.

  An objection that is not made within the time required, or that is obscured 
by numerous unfounded objections, is waived unless the court excuses the 
waiver for good cause shown.

 

[Evil Bunny]

They are. The sanctions are the losing party is generally assessed the legal fees of the winning party.

Parties are supposed to work these things out among themselves and if one party is clearly to blame for it ending up in court, that party has to pay for the whole shebang.

"By playing discovery games, Ronald and Monica have violated the Rules of Civil Procedure and waived their objections to Victor’s interrogatories and production requests. Victor requests that the Court overrule or strike their objection and to compel their compliance. Victor prays for such other and further relief to which he is justly or equitably entitled and prays for general relief."

Is there a possibility that even though Ty has not explicitly asked for sanctions, the judge levies them anyway?